SDDS, INC. v. STATE

No. 19555.

569 N.W.2d 289 (1997)

1997 SD 114

SDDS, INC., a South Dakota corporation, Plaintiff and Appellant, v. STATE of South Dakota, William J. Janklow, as Governor, Joyce Hazeltine, as Secretary of State, and Mark Barnett, as Attorney General for the State of South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 17, 1997.

Rehearing Denied October 24, 1997.


Attorney(s) appearing for the Case

Kimberly A. Mortenson, Ft. Pierre, Edward T. Lyons, Jr., David E. Driggers, Thomas J. Burke, Jr. of Jones & Keller, P.C., Denver, CO, for plaintiff and appellant.

Mark W. Barnett, Attorney General, Diane Best, Roxanne Giedd, Asst. Attys. General, Pierre, for defendants and appellees.


KONENKAMP, Justice.

[¶ 1.] In 1988, South Dakota Disposal Systems (SDDS) began the process of founding the Lonetree municipal solid waste landfill in southwestern South Dakota. The plan met with many roadblocks, including citizen resistance, administrative and legislative activity, and court challenges. In 1992, a statewide referendum rejected prior legislative approval for the facility, and SDDS brought a takings action against the State for alleged losses resulting...

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